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Council urged to seek legal advice before offering leak-adjustment for Kelly Farm
Summary
Council members discussed a request tied to Kelly Farm for a water leak adjustment; staff advised the applicant apply for standard leak-adjustment paperwork and recommended asking the city attorney before making any exception to avoid precedent.
During the Open Count Committee discussion, council members reviewed an inquiry tied to Kelly Farm about a possible water leak-adjustment. Staff said they provided a link to the leak-adjustment paperwork and encouraged the applicant to submit an application so staff could determine if it fit existing criteria.
A council member pressed whether the council could or should make a discretionary exception. The staff member cautioned against ad hoc exceptions, saying they could create precedent and recommended consulting the city attorney first. “Before we find a way to help them... I would definitely seek Jennifer's opinion,” the staff member said, noting the need to treat all applicants equally under existing code and leak-adjustment policy.
Staff also noted the leak-adjustment program is based on circumstance rather than need and that review processes and prior incidents (including theft or unauthorized connections) complicate ad hoc relief.
The council did not make a decision; members asked staff to obtain an opinion from the city attorney about whether an exception could be made without creating an unequal-treatment precedent.
